The Ministry of Corporate Affairs (MCA) has published a very interesting notification – this is about what you can name or not name your company.
Though the same rules continue to apply, what makes this interesting is that all rules have been explained with an example, making it foolproof. It has stated what and how same sounding names cannot be granted permission for registration.
Here is look at some of them:
- Names which resemble too nearly with name of existing company.- the plural or singular form of words in one or both names – eg: Green Technology Ltd. is same as Greens Technology Ltd. and Greens Technologies Ltd. Pratap Technology Ltd. is same as Prataps Technology Ltd. and Prataps Technologies Ltd. SM Computers Ltd. is not same as SMS Computers Ltd.
- Type and case of letters, spacing between letters, punctuation marks and special characters used in one or both names - (i) ABC Ltd. is same as A.B.C. Ltd. and A B C Ltd. (ii) TeamWork Ltd. is same as Team@Work Ltd. and Team-Work Ltd.
- Use of different tenses in one or both names - (i) Ascend Solutions Ltd. is same as Ascended Solutions Ltd. and Ascending Solutions Ltd. (ii) Speak English Solutions Limited is same as Spoken English Solutions Limited.
- Use of different phonetic spellings including use of misspelled words of an expression - (i) Chemtech Ltd. is same as Chemtec Ltd., Chemtek Ltd., Cemtech Ltd., Cemtek Ltd., Kemtech Ltd., and Kemtek Ltd. (ii) Bee Kay Ltd is same as BK Ltd, Be Kay Ltd., B Kay Ltd., Bee K Ltd., B.K. Ltd. and Beee Kay Ltd.
- Use of host name such as ‘www’ or a domain extension such as ‘net’, ‘org’, ‘dot’ or ‘com’ in one or both names - (i) Ultra Solutions Ltd. is same as Ultrasolutions.com Ltd. (ii) Supreme Ultra Solutions Ltd. is not the same as Ultrasolutions.com Ltd.
- The order of words in the names – (i) Ravi Builders and Contractors Ltd. is same as Ravi Contractors and Builders Ltd. (ii) Ravi Builders and Contractors Limited is not the same as Ravi Shankar Builders and Contractors Limited.
- Use of the definite or indefinite article in one or both names - (i) Congenial Tours Ltd. is same as A Congenial Tours Ltd. and The Congenial Tours Ltd. (ii) Isha Industries Limited is not the same as Anisha Industries Limited.
- A slight variation in the spelling of the two names including a grammatical variation thereof - (i) Color Technologies Ltd. is same as Colour Technologies Ltd. (ii) Disc Solutions Ltd. is same as Disk Solutions Ltd. but it is not same as Disco Solutions Ltd.
- Complete translation or transliteration, and not part thereof, of an existing name, in Hindi or in English - (i) National Electricity Corporation Ltd. is same as Rashtriya Vidyut Nigam Ltd. (ii) Hike Construction Ltd. is not the same as Hike Nirman Ltd.
- Addition of the name of a place to an existing name, which does not contain the name of any place - (i) If Salvage Technologies Ltd. is an existing name, it is same as Salvage Technologies Delhi Ltd and Salvage Delhi Technologies Ltd. (ii) Retro Pharmaceuticals Ranchi Ltd. is not the same as Retro Pharmaceuticals Chennai Ltd.
- Addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand - (i) Thunder Services Ltd is same as Thunder11 Services Ltd and OneThunder Services Ltd (ii) Style Garments11 Ltd. is same as Style Garments Ltd and Style12 Garments Ltd. (iii) One 11 Power Equipment Ltd is not the same as One Power Equipment Ltd, if One 11 represents a brand.
For more detailed read; http://www.mca.gov.in/Ministry/pdf/AmendmentRules_08052019.pdf